* The Poly Prep alumni who settled their sex abuse suit against the school are going after O’Melveny & Myers for allegedly playing a part in prolonging the litigation by doing what lawyers do best: lying. [Am Law Daily]
* If you’ve got a case up on appeal and you’re like a virgin, giving oral (arguments) for the very first time, then you should probably consider taking a look at the top 10 tips that’ll help you to prepare for it. [The Recorder]
* The California Supreme Court denied petitions from Proposition 8 proponents seeking to enforce a ban on same-sex marriage across the state. Kamala Harris, the country’s best looking AG, approves. [BuzzFeed]
* The Chapman School of Law will change its name after receiving the second-largest donation ever made to a law school. N.B. The donor isn’t a law school graduate, which certainly explains why he has cash to spare. [National Law Journal]
* Keep ya head up: Legendary lawyer Roger Rosen, whose clients range from O.J. Simpson to Phil Spector, will hang up his shingle to avoid prosecution for leaking info to Tupac’s killers. [New York Post]
* Just think, if the judge in Paula Deen’s case had permitted counsel to stay discovery, perhaps the celebrity chef wouldn’t have been able to serve up a slice of her piping hot racism casserole. [Daily Report]
Shave, get dressed, grab your gadgets (firm-issued Blackberry, personal phone, tablet, etc.,) and head out the door. Car, train, ferry, subway — whatever it takes to get you to the office. Log into your computer, connect your phone for a charge, and head down the hall for a cup of coffee from the pantry. Throw out “good morning” as you pass people along the way. Grab your coffee, sneak a look at the vending machine, decide against starting your day with an 800-calorie cinnamon-glazed “bun,” and head back to your office. Dive into your morning inbox triage, and hope no one bothers you until your first conference call in 30 minutes. Congratulations on making it in for your next day in Biglaw’s Class A splendor.
Eight to fourteen hours later (depending on your seniority, amount of work, and level of domestic tranquility), it is time to pack up. To do it again the next day. You may not be happy with how things are going for you career-wise, and you may get jealous when your tech-sector friends brag about their 5:30 p.m. “after-work” pedicure and pastis-tasting session, but at least you were present at work for the day.
Face time is a concept that has gotten more media attention than it probably deserves. But let’s give it a little more….
Before I once again provide you with thoughts and advice that will hit a nerve, causing your bitter self to (1) again claim, like you do every week, that you hate this column, hate reading every word I write every week, and don’t know why you continue to read every word, every week, or (2) send me private emails thanking me, I just wanted to comment on David Mowry’s closing of comments in his column.
It’s fun to watch the commentariat scatter in desperation for another place to spew, using other columns to cry like infants about their loss of entitlement to say things that make them feel better about their miserable lives just based on the amount of up-votes they get (hey, three people who always like what I say liked what I said, again!).
I don’t know why Mowry closed comments, but I just want to reiterate that I will never close the comments on my columns. There is no reason to stifle irrelevancy.
I’ve watched lawyers reinvent themselves — both successfully and unsuccessfully. It can be done, but like anything else in the legal profession, it takes thought and time. (I just lost half the audience.)
For those left here, there are only two reasons you want to reinvent yourself. One is money, and/or two, is that you hate what you’re doing…
For those AUSAs taking the plunge into Biglaw because they orgasm over having a “former federal prosecutor” handling their “white collar” work, my advice is call me when you realize you’re merely reading compliance documents and walking corporate executives over to your old office to give proffers. For now, you can stop reading here.
Leaving government work to “open your own shop” is a unique proposition. If you’re leaving Biglaw, your main concern is not making what you’re making now. If you’re “going solo” right out of law school, you’re worried about making any money at all.
Leaving government service is leaving a guaranteed salary, the precious “benefits,” and if you’ve been there for a good amount of years, a level of comfort not found in small law firms (with the exception of the federal public defenders who have fallen victim to the sequester and deserve better). The main reason people leave government is the perception that there is more money in the private sector. That was mostly true before the economy tanked. Now it’s not so certain, and it’s something you need to consider before cashing out on your accrued vacation and sick time…
One of the things I hear from lawyers is: “I want to write, but I don’t have the time/know where to post/want to start a blog.”
Now I’m not in the blog-selling business or believe that every lawyer should have a blog because I’m not in the blog-selling business. (Get ready commentariat.) Not every lawyer can write (there commentariat… go!), but if you want to write, I’ll offer my thoughts. I offer them because this is my column, and I can do whatever I damn well please and I feel like it.
The first thing you have to determine when thinking about writing is your audience.
Unfortunately, many of you law review types actually think anyone out there wants to read something closely resembling a law review article. You can’t write anything without citing to case law or other articles no one has read or wants to read. You believe you’re still writing for adoration of your ability to analyze the history of some statute. You believe you can’t write anything unless it takes you weeks to research and is perfectly cited. You believe writing is done to impress rather than educate or inform.
When you write, you’ll see — ahem — comments about the writing style. Those are coming from those that can’t write like normal people. They spent months writing some over-cited, boring article that no one read and are raging against anyone who writes something interesting that contains a non-law-review-type writing style…
I’ve always marveled at lawyers who continue to represent clients when they’re not getting paid, or are too weak and fragile to engage in a serious conversation with the client over the unpaid bill(s). It happens more in the civil arena, as any halfway intelligent criminal lawyer knows you get the money up-front. Bad results with open bills is never a good way to pay the rent.
But there are those criminal lawyers who are too stupid to get the money up-front. They claim “where I practice,” you have to offer payment plans. Problem is, there is no such thing as a payment plan. What I call it is a “non-payment” plan.
I can count on one hand, well, maybe one and a half hands, the amount of times I’ve been stiffed by a client. In most cases, it was where I was waiting for the “money up-front,” and decided to do some work in the interim because I (wrongly) believed the client was good for it. The client wasn’t good for it, and I quickly withdrew from any court case or ceased doing work.
And I know, there are those out there that believe it’s pure arrogance to claim that I get paid or I don’t work, that chasing money or waiting for money that will never come is part of the practice. There are criminal defense lawyers that get paid, sorry if you don’t know any, and not getting paid is not “part of your practice,” unless you let your practice run you instead of running your practice.
So let me tell you what I hear — you probably hear it too — or say it to yourself, and how to make it stop, and stop now…
When I first went into private practice, I was doing exclusively criminal defense. A lawyer I didn’t know, who didn’t practice criminal law, got my name and wanted to refer me a case. He told me his client was arrested and asked, because the client only spoke French and he had an assistant that spoke French, if I would come to his office and consult with the client.
Sure, no problem.
I went to his office and sat in his conference room with the client, the assistant/translator, and the referring lawyer. As I went through the substantive and procedural aspects of the case I noticed that the referring lawyer, let’s call him “Joe” (because his name is actually Joe), was taking copious notes.
A couple days later, I called Joe to ask whether the client was going to hire me. “Actually Brian, I was surprised to hear from the client that he wants me to represent him.”
So Joe sat there, listened to my 90-minute road map of how I would handle the case, decided he needed to pay rent, and told the client he could do it. Maybe that was the intention from the beginning; I don’t know. I do know that I no longer allow anyone to take notes during consultations, and I rarely go to someone else’s office to meet with a new client…
I know it’s not popular to write about lawyers doing well, because misery loves company, but the sad truth is, there are lawyers who don’t spend their days blaming their law school for the fact that they should have never thought of becoming lawyers, or trying to figure out how every new “future of law” tool on the internet can bring them clients.
There are lawyers, regardless of what you’ve been convinced of, who are actually making a living off the time and sweat they have put into their practice. These are the lawyers getting multiple calls a week, whose main concern is not counting the days until their worthless LinkedIn connections bear fruit, but how they are going to get all the work done, and if the stride will continue.
So for the whiners out there, the heartbroken dreamers, the ones who believe expressing their anonymous anger on the internet will one day result in something positive, take the week off. I want to talk to the success stories out there in Small-Law-Ville (anyone own that term yet?)….
I just returned from my annual Bar convention. Have you been? Hundreds of lawyers, judges, and a smattering of law students attending meetings, receptions, CLE seminars, and having chance meetings at the real “bar” with opposing counsel — it’s a day or two to realize you’re part of something bigger than your law office.
I know, some of you hate your state Bar. You don’t hang out with “Bar-types” and see no value in spending a day or two running around a hotel and saying hello to lawyers you know and don’t know.
Being involved in my state Bar has been one of the most important components of building my practice…
Next week my firm will celebrate its fourth anniversary. I can’t believe it has been that long. It seems like yesterday that I was sitting at my desk at Quinn Emanuel, thinking about cases worth millions of dollars but still too small to be economically handled by traditional Biglaw firms. I wondered if I might try to serve a growing market hungry for less expensive but still high-quality litigation. Not long thereafter I was conspiring with my partner over the details, drafting business plans, and conducting informal marketing surveys.
As my firm approaches its fourth anniversary, it’s interesting for me to think back to my early plans and consider what worked, and what did not. What happened as I predicted or hoped, and what was unexpected…
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.